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| [ Introduced ] | [ House Amendment 001 ] |
90_HB2491eng
750 ILCS 5/609 from Ch. 40, par. 609
Amends the Illinois Marriage and Dissolution of Marriage
Act. Provides that the court may grant leave, before or
after judgment, to any party having custody of any minor
child to remove the child to a new residence within the State
which is located outside a 100 mile geographical radius of
the residence of the child at the time of the initial custody
judgment if removal is in the best interests of the child.
The burden of proving that removal is in the best interests
of the child is on the party seeking removal. Removal of a
minor child to a new residence within the State which is
located within a 100 mile geographical radius of the
residence of the child at the time of the initial custody
judgment shall not require leave of court. Effective
immediately.
LRB9008578SMdvA
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1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 609.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 609 as follows:
7 (750 ILCS 5/609) (from Ch. 40, par. 609)
8 Sec. 609. Relocation of children more than 100 miles
9 inside or outside Illinois. Leave to Remove Children.)
10 (a) The court may grant leave, before or after judgment,
11 to any party having custody of any minor child or children,
12 or to the primary residential parent in the case of joint
13 custody, to relocate remove such child or children more than
14 100 miles from the child or children's residence at the time
15 of the last custody order or at the time of the entry of
16 judgment, whether inside or outside the State of from
17 Illinois, whenever such relocation approval is in the best
18 interests of such child or children. The burden of proving
19 that such removal is in the best interests of such child or
20 children is on the party seeking the removal.
21 (b) When relocation of a child or children such removal
22 is permitted under this Section, the court may require the
23 party relocating the removing such child or children from
24 Illinois to give reasonable security guaranteeing the return
25 of the child or such children.
26 (c) In determining whether to grant or deny a petition
27 for relocating a child or children, the trial court shall
28 consider the following factors:
29 (1) The distance of the move.
30 (2) The motive of the party seeking to relocate the
31 child or children.
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1 (3) The motive of the parent opposing the
2 relocation of the child or children.
3 (4) The visitation rights of the non-custodial
4 parent and that parent's exercise of those rights.
5 (5) Whether a reasonable and realistic visitation
6 schedule can be reached if the relocation of the child or
7 children is allowed.
8 (6) The cost and time involved regarding
9 visitation.
10 (7) Whether the relocation of the child or children
11 will enhance the general quality of life for both the
12 custodial party and the child or children.
13 (8) Whether the proposed or planned relocation of
14 the child or children is within 2 years after the entry
15 of the judgment for dissolution of marriage.
16 (9) Any intent specifically stated by the parties
17 in any joint parenting agreement, marital settlement
18 agreement, or other written agreement.
19 (10) Other appropriate factors consistent with the
20 child or children's best interest.
21 (d) The burden of proving that the relocation is in the
22 best interest of the child or children is on the party
23 seeking the relocation.
24 (e) If the court allows a party seeking relocation of a
25 child or children to move before any final judgment is
26 entered regarding that relocation, the relocation shall not
27 be considered by the trial court as a factor in reaching its
28 final decision.
29 (f) A petition for relocation of a child or children
30 shall be heard on an expedited basis. The trial court shall
31 make express findings of fact to support its ruling if the
32 non-custodial parent opposes the relocation.
33 (g) Notwithstanding the provisions of subsections (a)
34 through (f), a party having custody of a child or children,
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1 or the primary residential parent in the case of joint
2 custody, shall give written notice to the other party not
3 less than 30 days before changing the residence of a child to
4 a place inside or outside the State of Illinois if the
5 relocation will be more than 100 miles from the child's
6 residence at the time of the entry of the last custody or
7 visitation order. The notice shall be given in accordance
8 with Illinois Supreme Court Rule 11, by certified mail or by
9 personal service and a copy of the notice with proof of
10 service shall be filed with the court. The notice shall
11 include at least the following:
12 (1) The proposed new residence address, unless
13 protected by an order entered under the Illinois Domestic
14 Violence Act of 1986.
15 (2) The date of the proposed relocation.
16 (3) Whether the visitation should be changed and,
17 if so, a proposed visitation schedule.
18 (4) The fact that if no objection is made within 21
19 days after service of the written notice the proposed
20 relocation will be allowed subject only to court
21 approval.
22 If no objection is made within 21 days after service of
23 the written notice, the party seeking to relocate the child
24 or children shall be allowed to relocate the child or
25 children subject to court approval.
26 If a parent objects to the relocation of the child or
27 children, he or she shall notify the party proposing the
28 relocation in writing within 21 days after service of the
29 written notice of proposed relocation and shall file a copy
30 of the written objection with the court.
31 If an objection to the relocation of the child or
32 children is made, the party seeking to relocate the child or
33 children shall file a petition seeking leave to relocate the
34 child or children in accordance with subsections (a) through
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1 (f).
2 Nothing contained in this subsection precludes a party
3 seeking to relocate a child or children from filing a
4 petition with a court of competent jurisdiction without
5 following the procedure set forth in this subsection (g).
6 (h) As used in this Section, "relocation" means a change
7 of residence for a period of 60 days or more.
8 (i) Nothing in this Section shall be construed to
9 supersede the provisions of Sections 602, 602.1, and 611 as
10 they apply to the relocation of a child.
11 (b) Before a minor child is temporarily removed from
12 Illinois, the parent responsible for the removal shall inform
13 the other parent, or the other parent's attorney, of the
14 address and telephone number where the child may be reached
15 during the period of temporary removal, and the date on which
16 the child shall return to Illinois.
17 (j) The State of Illinois retains jurisdiction when the
18 minor child is absent from the State pursuant to this Section
19 subsection.
20 (Source: P.A. 85-768.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.